What is the effect of the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| Sublessee ("Sublessee"): | State of Formation: | Address: | Sublease Date ("Sublease Date"): | Lease ("Lease"): | Dated: | Tenant ("Tenant"): | Landlord ("Landlord"): | Premises ("Demised Premises"): as described in the Lease. | | Guarantor: | This Sublease Agreement is made this day of, 20, by and between | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | at, ("Sublessee"). | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | incorporated as if fully set out herein; and | WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease | and | | WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise | to Sublessee subject to the terms of this Sublease; and | WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" | have previously executed the current Franchise Agreement ("Franchise Agreement") under which the | Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term | of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally | modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended | modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the Sublease Agreement is directly affected by the original Lease. The terms and provisions of the Lease are incorporated into the Sublease Agreement as if they were fully set out within it. This means that the Sublessee (the franchisee) is bound by the terms of the original Lease in addition to the terms of the Sublease Agreement.
Furthermore, the Sublessee acknowledges receipt of a copy of the Lease, indicating they are aware of its contents and agree to be bound by it. The Franchise Agreement between Everything Yogurt Brands, LLC (the franchisor) and the Sublessee requires the Sublessee to operate a Bananas Smoothies Frozen Yogurt restaurant subject to both the Franchise Agreement and the Sublease.
Finally, the document states that the Landlord may unilaterally modify the Lease for the Demised Premises, which could result in amendments to the Sublease Agreement. This clause means that changes to the original Lease made by the Landlord can directly impact the Sublease Agreement under which the franchisee operates their Bananas Smoothies Frozen Yogurt location.